Town of Decatur v. DeKalb County
Supreme Court of Georgia
Injunction. Before Judge Roan. DeKalb superior court. July 6, 1907. The County of DeKalb owned a tract of land consisting of two or three acres in the Town of Decatur, which hacl been beautified by the cultivation of trees and grass, and upon which was the county court-house. It was known as “the court-house square,” and was in use by the county as a public square..
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Injunction. Before Judge Roan. DeKalb superior court. July 6, 1907. The County of DeKalb owned a tract of land consisting of two or three acres in the Town of Decatur, which hacl been beautified by the cultivation of trees and grass, and upon which was the county court-house. It was known as “the court-house square,” and was in use by the county as a public square.. The city authorities were attempting to -appropriate a section of this lot — of surface dimensions 50 feet by 50 feet — for the purpose of locating thereon a water tower, intended to become a part of a public water-works system;…
1Opinion of the CourtAtkinson, J.
We do not think there was any error in granting this order. Under the Political Code, §340, a county is a body corporate and may sue and be sued, but its functions are governmental, and it has no power except as conferred by statute. Dent v. Cook, 45 Ga. 326 ; Millwood v. DeKalb County, 106 Ga. 745 (32 S. E. 577). Its affairs are administered by public officers, and they have no powers except such as are conferred by statute. Political Code, §268; City Council of Augusta v. Sweeney, 44 Ga. 463 (9 Am. R. 172) ; Penitentiary Co. v. Gordon, 85 Ga. 159, 171 (11 S. E. 584). The affairs of the…
2Cases cited6 opinions
- Millwood v. DeKalb CountySupreme Court of Georgia · 1899
- State ex rel. Scott v. HartIndiana Supreme Court · 1896
- City Council v. SweeneySupreme Court of Georgia · 1871
- Dent v. CookSupreme Court of Georgia · 1872
- Penitentiary Co. v. GordonSupreme Court of Georgia · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Thomas v. RagsdaleSupreme Court of Georgia · 1939
- Dyer v. MartinSupreme Court of Georgia · 1909
- Smith v. Board of EducationSupreme Court of Georgia · 1922
- Smith v. Board of Commissioners of Roads & RevenuesSupreme Court of Georgia · 1979
- Atlanta Title & Trust Co. v. TidwellSupreme Court of Georgia · 1931
23 more not listed; retrieve them via the Exa API.